approval of matters specified in conditions; and The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Transcription

1 Application for: planning permission; planning permission in principle; further applications; approval of matters specified in conditions; and mineral workings (if the planning authority do not have a separate form for this) Guidance notes Relevant legislation: Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Introduction 1. This application form allows you to apply for most types of planning permission, and you should include it as part of your proposal. 2. These guidance notes aim to help you fill in each section of the form. When to use this form 3. You should use this form to apply for most types of planning permission (except householder development as there is a separate form for this). Please use this form to apply for the following. Planning permission Planning permission in principle Further planning permission Page 1 of 16

2 Approval of matters set out in conditions Applications for mineral workings (only if the planning authority do not have a separate form) Note: A further application may be development that has not yet started and where a time limit has been set, or an application to renew planning permission or change or remove a planning condition (for applications for planning permission (full) under S42 of the 1997 Act). 4. You need planning permission if you want to carry out development. The definition of development includes the carrying out of building, mining, engineering or other operations, in, on, over or under land or the making of any material change in the use of any buildings or other land (Section 26 of the Town and Country Planning (Scotland) Act 1997). 5. Building work which needs planning permission can include: rebuilding work; structural alterations of, or additions to, buildings; other work normally carried out by a builder; demolition of buildings in certain limited circumstances; and excavation work. 6. Building work which is not development and does not need planning permission can include building work to maintain, improve or alter any building, if the work affects only the inside of the building or does not have a significant effect on the appearance of the outside of the building. In some circumstances you need planning permission to change the use of buildings or other land. The Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended), (the UCO ), groups certain types of uses together into several classes. Any change from one class to another will usually need planning permission. Changes not covered by the classes in the UCO or where a use is specifically excluded under the UCO will also need planning permission if there is a significant change in the use of a building. 7. You can also use this form to apply for permission for mining or working minerals (for example, open cast mine workings or quarries). You will need to apply for planning permission for this work it is not appropriate to apply for planning Page 2 of 16

3 permission in principle for mineral working. However, this is not the appropriate form to use if the quarry or mine is already established, is not being used, and you want to apply to the planning authority to find out what conditions would apply to workings on the site. If this applies to you, you should contact the planning authority to discuss what forms you should use. Also, some planning authorities have special mineral forms. 8. In certain circumstances, work which is development may not need planning permission. This includes: development which is allowed under other legislation such as permitted development by a specific order; situations where the intended use will not affect certain existing uses; and certain uses and development for agriculture or forestry. 9. If you have any questions about whether your proposal needs planning permission, we recommend that you ask your planning authority for advice. 10. If your proposal involves changing existing footways or roads, special procedures are involved. The planning authority will only approve an application to shut a footpath or bridleway if you can show that there is no longer a need for the route. In deciding this, the authority must take into account how the public are likely to use the route before it is closed, and how shutting the route would affect the land it passes over. Pre-application discussions and processing agreements 11. If you have any questions about whether or not your proposal needs planning permission you should ask your planning authority for advice. Your planning authority have planning policies and guidance which may be relevant to your proposal. You should check the relevant development plan and guidance on the planning authority s website. 12. It is often helpful to discuss your proposal with the planning authority before formally making your application. This is known as a pre-application discussion. There should be more details of the arrangements for pre-application discussions on your planning authority s website. If you have received advice from the planning authority, you should include the details of this advice in your application form. Page 3 of 16

4 13. If your application is for major or national development you may want to formalise any pre-application discussions with the planning authority through a processing agreement. A processing agreement is a framework for managing a complicated planning application. It explains the timescales and processes that will take place before the planning authority make a decision on your planning application and sets out what information you need to provide to support of your application. It is better to agree the terms of a processing agreement before you make your application. Form and content of applications (legal requirements) 14. You must make your application to the planning authority in line with relevant regulations. Please see to Annex 1 for more details about what to include in your application and the minimum legal requirements which you must meet when making your application. Major or national developments 15. If your application is for planning permission or planning permission in principle (or a further application other than one made under S42 of the 1997 Act) for a major or national development, you must consult the local community about your proposals before making your application. This is known as pre-application consultation. Your application must include a proposal of application notice and a pre-application consultation report (see page 4). 16. If you are applying for planning permission for major or national development, under Regulation (13) (3) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (DMR), your application must also include a design and access statement. If your application is for planning permission in principle, you will not be have to provide a design and access statement with your application. Page 4 of 16

5 Proposal of application notice 17. If you must consult the local community before making your application, you must give the planning authority a proposal of application notice at least 12 weeks before you make your application. The notice must include the following information. A description of the development to be carried out The postal address of the site (if it has one) A location plan showing the outline of the site Your contact details Details of how, when and with whom you want to hold the consultation Pre-application consultation reports 18. Pre-application consultation reports (PAC reports) must be in writing (and this includes ). The relevant legislation (Sections 35A, 35B, 35C and 39 and regulations 4 to 7) does not say what you must include in your PAC report, but it does say that your report should set out how it keeps to regulations. Please see Regulation 7 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations and paragraphs 2.6 to 2.41 of Circular 3/2013 for more advice on the content of a pre-application consultation report. Design and access statement 19. With certain applications for planning permission you must provide a design and access statement explaining the design principles and concepts that have been applied to the proposal. In particular this statement must explain how your proposal deals with issues relating to access for disabled people. Design and access statements should make sure that development proposals are based on a carefully considered design process and should explain clearly the design rationale behind the proposal. Design and access statements show how buildings and spaces can be created or changed to remove physical barriers and so make sure that everyone can use them (inclusive design). Page 5 of 16

6 20. PAN 78 inclusive design provides a number of principles to help guide developers in delivering inclusive design within their schemes. Understanding the basics of inclusive design and being aware of the social and commercial benefits of inclusive design. These will not be limited to the design of the development and will include, for example, the location of the building on the plot, how steep the ground is, the ground surface, the relationship to adjoining buildings and local transport links. Adopting a policy that means inclusive design must be part of the brief to the designer or architect. Appointing an access specialist if your designer does not have the necessary knowledge or experience. Talking to the relevant authorities as early as possible and being prepared to amend designs, as necessary, to deal with any issues raised. This role could also be carried out by the designer. Making sure the application follows inclusive design principles throughout the construction phases. Consider how the completed development will be used and managed. Many barriers can be overcome by identifying possible problems at an early stage in the design. 21. Please also see the policy statement Designing Places for more guidance on design. Note: Regulation (13) (3) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 contains details of when it is not necessary to provide a design and access statement for major or national developments. Local developments 22. If your application is for planning permission and your proposal is for a local development, with your application you will need to provide a design statement in the circumstances set out in Circular 3/2013. For more information, please read paragraphs 3.13 to 3.30 of the Circular or Regulation 13 (2), (3) and (4) of The Page 6 of 16

7 Town and Country Planning (Development Management Procedure) (Scotland) Regulations Design statements 23. PAN 68 design statements makes it clear that design is an important consideration in deciding planning applications. Design statements should explain the design rationale behind the development proposal and how the proposal meets the requirements of planning policy and guidance. 24. Designing Places is Scotland s policy statement on achieving safe, successful, attractive and vibrant places. It contains advice and good-practice examples of how good design can be a positive force and help development to contribute to successful places. A design statement allows you to explain why the design you have selected is the most suitable in the circumstances, in terms of the design and layout of the buildings and the quality of the spaces created. Please see Designing Places and PAN 68, which both provide a useful guide to the design process. Note: Regulation (13) (3) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 contains details of when it is not necessary to provide a design statement for local developments. Plans you must provide with your application 25. You must provide a location plan with your application. If possible, this should be at a scale of 1:1250 or 1:2500 (or larger). It should show a north point and at least two named roads and surrounding buildings or the situation of the application site in relation to the local area and neighbouring land. The properties shown should be numbered or named to make sure that the exact location of the application site is clear. Note: Neighbouring land is defined as an area or plot of land which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed. (Regulation 24 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations This means that neighbouring land is land which shares a boundary with, or is within 20 metres of, the boundary of the land your proposal relates to. Page 7 of 16

8 The application site should be edged clearly with a red line. It should include all land necessary to carry out the proposed development for example, land needed for access to the site from a public road, visibility splays (which is an area that needs to be clear of obstructions for a driver to see oncoming traffic), landscaping, car parking and open areas around buildings. A blue line should be drawn around any other land you own or control, close to or joined onto the application site. 26. You should also provide adequate drawings plans, elevations, cross sections to illustrate your proposals clearly. It may be helpful to provide photographs, but these should not be provided as a substitute for drawings with clear dimensions shown. If you are providing details of alterations to an existing building, you should show all new work in colour so that it is clear to the planning authority exactly what work you are proposing to carry out. You will usually need to provide the following for proposed building work. All elevations of new buildings or, if your proposal includes alterations to existing buildings, elevations where changes are proposed. Floor plans showing all floors for new buildings. Cross sections showing existing and proposed ground levels. Block plan or layout plan showing the position of the existing and proposed buildings to the site as a whole. If any buildings are to be demolished they should be clearly identified on this plan. It may be useful to show site levels on this plan too. Roof plans for new buildings showing ridge and slopes and any relationship to existing buildings. Master plan or framework plan (or both). This is needed for larger developments. This should show the proposed framework of the future development and the infrastructure to be provided. It may also show an outline of proposed phases of the build if needed. Landscape plan usually a planting plan showing details of species and numbers of trees and shrubs to be planted, and the proposed materials for boundary treatments. Depending on the scale of the development, this may include a landscape structure for the site (areas of planting and connections through a site and so on). Page 8 of 16

9 27. All plans should be to a metric scale and should include a scale bar. Any dimensions should be given in metres. 28. On your plans you will need to describe the materials and colours you want to use for external finishes to walls, roofs, lighting and so on. If you know the trade names for these, please include them. You should try to use materials which are appropriate for the surroundings. 29. If your proposals include work to convert buildings or extensive alterations, you may need to provide a structural survey. This will be particularly important if the buildings are in the countryside, for example for conversions to farm buildings and so on. 30. For finishes to vehicle accesses, hardstandings and parking areas, please consider using porous surfaces or other materials which will reduce surface water run-off and keep to drainage guidance. 31. You can provide extra information in a design statement or supporting statement as well as on your drawings and plans. Under regulations (Regulation 24 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013), planning authorities can ask for extra information, if necessary. Other information you may need to provide Environmental statements 32. The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 and Circular 8/2007, set out the circumstances when an environmental impact assessment (an EIA) may be necessary. You can also ask the planning authority for a screening opinion to decide whether an EIA is needed. If it is, you can ask the planning authority for a further scoping opinion to find out the type of assessment you need to include in the environmental statement. Even if an EIA is not necessary, it can often be useful to provide with your application, a statement setting out how your proposal is likely to affect the environment and how you plan to reduce this. Page 9 of 16

10 Transport assessments and travel plans 33. Most new developments and changes of use will have some effects on traffic and transport. It is important for planning applications to identify how the proposals are likely to affect transport in the area to make sure that these effects are dealt with as early as possible in the planning process. Scottish Planning Policy 17 SPP sets maximum parking standards for different types of development and encourages people to provide a transport assessment, where necessary, to assess proposed parking arrangements in relation to maximum parking standards. It should also look at issues of the extra traffic the development would lead to, car parking and travel plans, including proposals for monitoring the travel plan and adjusting it where necessary. Water and drainage 34. Even if your application is for planning permission in principle, the planning authority must be satisfied with your proposed drainage arrangements. You will need to provide information about any proposed new arrangements for water supply and drainage and include appropriate references on your plans and drawings, including existing drainage systems and problems, infiltration, groundwater, surface-water flow, arrangements for disposing of waste water and storm water, SUDS (Sustainable Urban Drainage Systems) and drainage-related flooding issues. The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (as amended) [known as CAR], managed by SEPA, regulate water that is released into the environment, including groundwater. Even if your development receives planning permission it may still need a CAR authorisation. For more information, see the CAR Practical Guide which is available from SEPA. See also PAN 61 for further guidance. Flood-risk assessment 35. Flood risk is an important planning consideration for a wide range of sites including those with a history of flooding, in a flood plain, on low-lying coastal land, next to a watercourse, drained by a culvert, with poor drainage or drainage restrictions. The planning authority must consider carefully development proposals for which a flood would have especially serious negative consequences. Examples include care homes, sheltered-housing schemes and accommodation for other vulnerable groups Page 10 of 16

11 including people with restricted mobility, nurseries, schools, caravan and camping parks, chalet-type holiday accommodation and buildings where hazardous materials will be used or stored. Pre-application discussions will help identify whether flooding is an issue and whether a flood-risk assessment (FRA) is necessary. A FRA will assess whether a particular site or area is likely to flood and recommend measures to reduce the risk, including maintenance. An FRA is likely to be needed if your proposed site is in an area which has flooded in the past. Scottish Planning Policy explains government policy in relation to development proposals affecting areas that are at risk of flooding. If you are not sure whether your proposal is in an area at risk of flooding, or whether it may have an effect on flooding elsewhere, you should see SEPA s Indicative River and Coastal Flood Map and the relevant development plan or contact your planning authority for more information. Contaminated-land assessments 36. Planning authorities must consider the type and degree of contamination when assessing proposals. The need to provide an adequate assessment of contaminated land is outlined in Planning Advice Note (PAN) 33. Land affected by contamination includes all cases where the actual or suspected presence of substances in, on or under the land may cause a risk to people, property, human activities or the environment. Certain forms of new development are more vulnerable to ground contamination than others. Sensitive uses include housing with gardens, schools, nurseries and allotments. Natural heritage, trees, wildlife and biodiversity 37. Planning authorities have a duty to protect natural heritage, trees and wildlife habitats. In areas such as Sites of Special Scientific Interest (SSSIs) and Special Protection Areas (SPAs) proposals have to be carefully assessed for possible effects on wildlife habitats. Although in some circumstances it may be necessary to refuse planning permission to protect natural heritage, local authorities have to consider whether any environmental concerns could be dealt with by making changes to the development proposal or attaching appropriate planning conditions. The aim is to reduce the negative effects and consider measures which may compensate for the remaining effects. Features of natural heritage interest should be protected and proposals should try to avoid breaking up or isolating habitats. Planning authorities Page 11 of 16

12 can ask for habitat surveys if they consider that an application site is of wildlife interest. The effect your proposals would have on the habitat of nearby sites may also be an issue. You may also need to set up an access agreement with neighbouring landowners. 38. If there is a risk of damage to natural heritage, your planning authority will have to consider whether planning conditions or legal agreements might reduce the effects enough to allow the development to go ahead. Any application that is likely to have a significant effect on a European site and which is not directly connected or necessary to managing that site must have an appropriate assessment carried out. 39. If you think your site may have value as a woodland or wildlife resource, you should tell the planning authority about this in your application. Development plans are likely to include more information on this. If you are in any doubt, please see the most up-to-date local plan for your area. Built heritage, conservation areas and listed buildings 40. Planning authorities also have a duty to protect the historic environment. There are a number of protection measures and designations throughout Scotland listed buildings, conservation areas, designed landscapes, scheduled monuments and world heritage sites. If your proposals affect the historic built environment, you will need to provide enough information with your application to explain the possible effects and how the history of the building or area has influenced your designs. You may also need to get listed building consent or conservation area consent. These are separate types of permission, but may be linked to the planning application process. However, scheduled monuments have a separate process which is not linked to the planning application process. More information is available from Historic Scotland. 41. The most common types of protection are listed buildings and conservation areas. Planning authorities have a legal duty to protect and improve the character of conservation areas. They have to consider carefully whether or not proposals are of a high enough quality in terms of construction and design to make sure that the work will not damage these areas. Historic Environment Policy in SPP encourages developers to discuss their proposals with planning authorities early in the planning process if the work is likely to affect the historic environment. Development plans are also likely to include information on protected areas and buildings and areas of Page 12 of 16

13 archaeological significance. Conservation area appraisals (prepared by planning authorities) can be helpful sources of information. 42. Design statements and other supporting information are usually essential for applications affecting the built heritage. If you are in any doubt about the information you need to provide as part of your development proposal, you should see the most up-to-date development plan and, if available, conservation area appraisal for your area. These will provide information on listed buildings and conservation areas and will tell you the type of information you need to provide with your application. They will also tell you which type of development proposals may and may not be acceptable. Sustainability issues 43. Achieving a Low Carbon Future sets out the Scottish Executive s policy on energy efficiency and micro-generation (which is the small-scale generation of heat or electricity). SPP identifies that an important role of the planning system is to move towards low- and zero-carbon developments by using energy-efficiency measures and renewable-energy technology. 44. To help the planning authority assess the energy efficiency of your proposals, you should provide information on both the design and specific technical aspects of the proposal which are intended to deliver energy efficiency. You should also consider which renewable-energy technology might be appropriate for the development and should show the planning authority that you have considered all appropriate technology. The Carbon Trust provides excellent guidance on reducing the energy requirements of developments and provides links to wider sources of information. Noise assessments 45. The planning authority may be interested in the noise levels your proposed development would generate once it was completed. They have to consider if there would be any extra noise which may affect neighbouring properties, particularly if these are houses or flats. If your proposals involve activities and processes which may be noisy, particularly if they are classed as Schedule 3 developments, or if the end products (including plant, ventilation or air conditioning) may generate noise, Page 13 of 16

14 the planning authority may ask you to provide a noise impact assessment with your application. This assessment should aim to show the planning authority that you have dealt with the issue of noise carefully in your proposals. The planning authority will be particularly interested in the details of any mining work, industrial processes, business or other activities that you propose to carry out, including the type and location of significant machinery, both inside and outside the building. There is more information on planning and noise in Planning Advice Note 1/2011 Planning and Noise and the associated Technical Advice Note on the assessment of noise. Certificate of ownership 46. When you apply for planning permission, you do not need to have any legal interest in the land the application relates to, and you do not need the owner s permission. But, if you do not own the land the application relates to, you must, by law, tell both the owner and any agricultural tenant of the land that you are making an application for planning permission. You must fill in the appropriate certificate of ownership for your application so that the planning authority can confirm who owns the land. You must do this even if you have been unable to tell the owners about your application. 47. If you are applying for permission for mineral extraction, you may have to fill in a different set of certificates, and you must advertise your proposal in the local press and in a notice displayed on the land. 48. Recorded delivery is the best way of sending out notices because the receipt provides proof of delivery if there is a dispute about whether notice was given. You can also send notice by first-class post or deliver it by hand. Notifying your neighbours 49. Once the planning authority have received your planning application and checked it is valid, they will tell your neighbours about your proposal. The neighbours will then have a period of time to comment on your proposal. Page 14 of 16

15 What do the planning authority take into account when making their decision? 50. The planning authority must assess your proposals in relation to their planning policies and guidelines. They may grant planning permission either with or without conditions attached. Or, if they consider that your proposals are unacceptable, they may refuse permission, but they must give clear reasons for this. 51. You should check the planning policies which are relevant to your proposals on the planning authority s website (or National Park s webpages for Cairngorm or Loch Lomond and Trossachs). You may also want to discuss your proposal with the planning authority before making your application by asking for a preapplication discussion. For details of relevant policies and guidance and arrangements for pre-application discussions, please check your planning authority s website. What happens if the planning authority refuse permission? 52. If the planning authority refuse to grant permission for your proposals, you will either have the right to appeal to the Scottish Ministers or to ask the planning authority (local review body) to review the decision. For more guidance on asking for a review please see to Circular 7/2009 Schemes of Delegation and Local Reviews and the Notice of Review form guidance notes, which are both available on our website. Page 15 of 16

16 Online applications 53. Under The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, please note that by sending in your application electronically you are agreeing that: all communication relating to the application will be made electronically; and the address you have used is the one which will be included in the application. If you want to withdraw your agreement to using electronic communication, you should tell the planning authority in writing, giving at least seven days notice. Page 16 of 16